# EXECUTIVE JET

MANAGEMENT

A NETJETS COMPANY

PETITION FOR EXEMPTION
November 12, 2014
Docket Management Facility US Department of Transportation 1200 New Jersey Avenue, SE West Building Ground Floor Room W12-140 Washington, DC 20590

Dear Sir or Madam: In accordance with the requirements of 14 CFR §11.81(a)-(h), Executive Jet Management, Inc. (EJM), Air Carrier Certificate Number CWQA061D, is requesting a temporary

exemption for affected aircraft from certain requirements of §135.152 (i) and (j), specifically, the data sampling requirements of Appendix F, FDR Normal Acceleration Parameter. 14 CFR 11.81(a) — Contact information: Christopher Poliak, Vice President and Director of Maintenance, Air Carrier Executive Jet Management, 4556 Airport Road, Cincinnati, Ohio, 45226 Office: (513) 979-6671 email: cpoliak@ejmjets.com 14 CFR 11.81(b) — Specific section from which relief is sought: Applicable to affected Bombardier Challenger CL-600-2B16 (604 variant) aircraft, with a date of manufacture after August 18, 2000 subject to §135.152 (i) or after August 19, 2002 subject to §135.152 (j) with sampling interval anomaly for a single DFDR parameter of 14 CFR 135 Appendix F (below). Relief for range, accuracy, or resolution is not requested. Appendix F to Part 135—Airplane Flight Recorder Specification:

Parameter Seconds per sampling interval 5. Normal Acceleration 0.125 (8 times per second) (Vertical) 9 As required by: Title 14 - Chapter I --> Subchapter G Part 135 4 Subpart C §135.152

Petition for Exemption — §135.152 (i) and (j) Page 1 of 5 Executive Jet Management, Inc.14 CFR 11.81(c) — Extent and reason for seeking relief: Extent: United States registered Bombardier Challenger CL-600-2616 (604 variant) aircraft operated by Executive Jet Management under 14 CFR Part 135, with a seating configuration of 10 or more passenger seats, with a date of manufacture after August 18, 2000 subject to §135.152 (i) or after August 19, 2002 subject to §135.152 (j) and affected by the recording anomaly reported by Bombardier Advisory Wire AW600-31-2456 1 dated September 9, 2014 and revised on October 7, 2014. We request a temporary exemption to operate certain aircraft under 14 CFR Part 135 with the following variance:

Parameter 5. Normal Acceleration (Vertical) 9 Actual Sampling interval (per second) .2 (Source input provides 5 times per second as described by Bombardier Advisory Wire AW600-31-2456) 1. Existing Fleet Aircraft: Bombardier has submitted list of affected aircraft in an exemption request dated May 15, 2014, Regulatory Docket No. FAA-2014-0327 (LINK). Two affected aircraft are currently operated under 14 CFR Part 135 with EJM: - N2S1G, serial number 5536, manufactured March 28, 2002 - N345XB,

serial number 5631, manufactured October 11, 2005 2. Another affected aircraft: EJM is an aircraft management and charter organization. As such, we routinely add a client owned aircraft to the fleet of aircraft available for charter after ensuring the aircraft's compliance to regulatory requirements. This is a core service to the aviation industry and the public. EJM requests relief for another aircraft managed by EJM that is otherwise compliant to regulations, but also affected by recent Bombardier Advisory Wire AW600-31-2456. The owner of the below aircraft desires this aircraft be placed into revenue service with EJM 2 : - N500PG,

serial number 5663, manufactured on September 15, 2006 3. If the request to accommodate N500PG (above) cannot be met, please consider a partial grant to allow relief for the two existing fleet aircraft listed in item 1. 4. EJM understands that any aircraft utilizing this relief, if granted, shall be reported to the responsible FAA certificate oversight office. EJM will submit routine updates as to the availability and incorporation of the associated Bombardier Service Bulletin. 3

(continued)

1 Advisory wire available from Bombardier. EJM is not authorized to distribute this material in a public forum. 2 Request for N500PG: This request is unique in that the owner of N500PG is an existing client, and a solution to resolve the DFDR sampling anomaly is not yet available. 3 Similar to the conditions and limitations in a materially similar grant of exemption : Regulatory Docket No. FAA-2014-0542, Exemption Grant to Jet Solutions, L.C.C. (LINK) Petition for Exemption — §135.152 (i) and (j) Page 2 of 5 Executive Jet Management, Inc.14 CFR 11.81(c) — Extent and reason for seeking relief: (continued)

Reason: • Promotes A Safety Culture EJM recognizes the contribution of flight data recorders to accident and incident investigations and ultimately to the safety of the design and operation of aircraft. From an industry safety perspective, a grant of this temporary petition for exemption supports proactive and comprehensive FDR analysis and the discovery of a recording error prior to an (unlikely) accident event.

• Technical Mitigations and Equivalent Safety The Normal Acceleration recorded information may be effectively correlated with no substantive degradation in information as outlined by Bombardier Aerospace in a Petition for Exemption dated May 15, 2014 4 : "The Normal Acceleration is provided through the DCU-4002. The baseline Challenger 604 aircraft has 2 such units, and a third is optional per Service Bulletin 604-31-001. Except for sampling rate, all data is being collected as required by Appendix F (e.g. range -3g to +6g, resolution 0.004g). The effect is that information on the normal acceleration parameter can be correlated to the appropriate recording rate as described and illustrated below, with no loss of information."

1.5

1.2

1.1 -- • Recorded -8 SubfBUed

4140 4141 4142 4143 4344 4145 4146 4147 4148 4149 4150 4151 4152 4153 4154 4155

• Materially similar to a previous grant: Please see Regulatory Docket No. FAA-2014-0542. Aircraft operator Jet Solutions, L.L.C. has been granted relief for the same DFDR parameter anomaly and aircraft configuration. EJM respectfully requests similar relief.
(continued)

4 Regulatory Docket No. FAA-2014-0327 Petition for Exemption - §135.152 (0 and (i) Page 3 of 5 Executive Jet Management, Inc.14 CFR 11.81(c) — Extent and reason for seeking relief: (continued)

• Time Needed to Comply Due to the complexity of the system design and engineering needed to resolve the recording anomaly, EJM must rely upon Bombardier Aerospace to provide the solution. There is not yet an engineering solution available, however Bombardier estimates that a solution will be available in the form of a Service Bulletin on or before September 2015 5
. As of the date of this letter, EJM has confirmed with Bombardier Aerospace that the timelines to engineer and produce the Service Bulletin initially presented in Bombardier Exemption request remain unchanged. 14 CFR 11.81(d) — Public interest and benefit:

• Promotes A Safety Culture EJM recognizes the contribution of flight data recorders to accident and incident investigations and ultimately to the safety of the design and operation of aircraft. From an industry safety perspective, a grant of this temporary petition for exemption supports proactive and comprehensive FDR analysis and the discovery of a recording error prior to an (unlikely) accident event.

• Business Growth Executive Jet Management, Inc. (EJM) is a Part 135 Air Carrier certificated in accordance with 14 CFR 119. EJM operated aircraft are offered for charter services to the public. EJM charter clientele are primarily business leaders that find it necessary to charter an aircraft in order to maximize their time and availability to operate their business. Chartered aircraft allow business executives and key personnel the flexibility to quickly react and meet obligations to advance their business, thereby strengthening the company's position and help to provide a stable job market, which in turn strengthens the US economy. Considering that a temporary exemption to allow operations with this data sample anomaly for a single parameter has no direct impact on the safety of the individual aircraft, denial of service to these business leaders to quickly react, grow their companies and provide much needed jobs, would be an undue burden on the public as a whole.

• 14 CFR 11.81(e) — Equivalent safety There is only 1 parameter that has been found to have a sampling error. Fortunately, the effect of the sampling error is such that a suitable depiction of the aircraft's Normal Acceleration may be obtained in the event that flight data recorder information is needed. Please see previous section titled "Technical Mitigations and Equivalent Safety". EJM recognizes the contribution of flight data recorders to accident and incident investigations, and ultimately to the safety of the design and operation of aircraft. However, this configuration has no direct safety impact for each individual aircraft. Granting this temporary exemption would not affect nor degrade the inherent safety of the airplane(s).

5 Per Bombardier Exemption request dated May 15, 2014, Regulatory Docket No. FAA-2014-0327 Petition for Exemption — §135. 152 (i) and 0) Page 4 of 5 Executive Jet Management. Inc.14 CFR 11.81(f) — Federal Register summary: Petitioner: Executive Jet Management, Inc. Affected Regulations: certain requirements of 14 CFR Part 135.152 (i) and (j), specifically, the data sampling requirements of Appendix F, FDR Normal Acceleration Parameter. Summary of Relief Sought: Executive Jet Management, Inc. (EJM), Air Carrier Certificate Number CWQA061D, is requesting a temporary exemption for affected aircraft from certain requirements of §135.152 (i) and (j), specifically, the data sampling requirements of Appendix F, FDR Normal Acceleration Parameter. Note: Executive Jet Management, Inc. requests a waiver of the 120-day filing requirements and the publishing of a summary of the Petition in the Federal Register. The requested exemption would not set a precedent, and further delay is not necessary. 14 CFR 11.81(g — Additional information: Granting this petition would have no effect on the regulatory burden of small businesses, small organizations, and small governmental jurisdictions. Granting of this petition would have no effect on the recordkeeping and reporting burdens for any involved parties. 14 CFR 11.81(h) - Operations outside the United States The business needs of the aircraft owner and constituents require operations outside of the United States. We request that this aircraft may operate in the system configuration described for the duration of the exemption, if granted. Please do not hesitate to contact me if I may be of assistance or if further information is needed to process this request.

Respectfully submitted,



## U Christopher Poliak Vice President and Director of Maintenance, Air Carrier Executive Jet Management

Petition for Exemption — §135.152 (1) and (j) Page 5 of 5 Executive Jet Management, Inc.